OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 9 Final Analysis
134th General Assembly
Click here for H.B. 9’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsor: Rep. Koehler
Effective date: September 30, 2021
Effective Date:
Audra Tidball, Attorney UPDATED VERSION
SUMMARY
 Prohibits a retailer from selling or otherwise providing a drug containing
dextromethorphan to a person under 18 without a prescription.
 Makes violation of that prohibition a minor misdemeanor.
DETAILED ANALYSIS
Prohibition against the sale of dextromethorphan to persons
under 18
Dextromethorphan is a drug that is used to temporarily relieve coughs caused by the
common cold, flu, or other conditions. It does not treat the cause of the cough or speed
recovery; instead, it decreases activity in the part of the brain that causes coughing.
Dextromethorphan is available without a prescription and may be obtained alone or in
combination with antihistamines, cough suppressants, and decongestants.1
The act prohibits a retailer that offers consumer products for sale to the general public,
including a pharmacy,2 or an employee of a retailer, from knowingly supplying, delivering,
giving, or otherwise providing a drug containing any quantity of dextromethorphan to a person
under 18, unless the person has a prescription for the product being purchased.3
 This version updates the effective date.
1 National Institutes of Health, U.S. National Library of Medicine, MedlinePlus, Dextromethorphan,
available at http://www.nlm.nih.gov/medlineplus/druginfo/meds/a682492.html.
2 R.C 2925.62(A)(3).
3 R.C. 2925.62(B).
July 9, 2021
Office of Research and Drafting LSC Legislative Budget Office
Determining age and identity
The act requires a person selling dextromethorphan to request proof of age and identity
from the purchaser unless the purchaser’s outward appearance is such that the seller can
reasonably presume the purchaser is 25 or older. Proof that a person demanded, was shown,
and reasonably relied on evidence of age and identity is a defense to criminal prosecution for
violation of the act’s prohibition.4
“Evidence of majority and identity” is defined to mean a government document,
including a driver’s license, commercial driver’s license, Ohio identification card, military
identification card, or other form of identification that bears the name, birthdate, description,
and picture of the person identified.5
Qualified civil immunity
The act provides that a retailer or an employee of a retailer is not liable for civil damages
arising from failing to prevent the sale of dextromethorphan to a person under 18, unless the
failure constitutes willful or wanton misconduct.6
Penalty
The act makes it a minor misdemeanor to violate its prohibition against supplying
dextromethorphan to a person under 18.7
HISTORY
Action Date
Introduced 02-03-21
Reported, H. Health 02-23-21
Passed House (87-7) 02-25-21
Reported, S. Health 05-05-21
Passed Senate (33-0) 06-23-21
21-HB9-UPDATED-134/ks
4 R.C. 2925.62(C).
5 R.C. 2925.62(A)(2).
6 R.C. 2925.62(D).
7 R.C. 2925.62(E).
P a g e |2 H.B. 9
As Passed by the General Assembly